P. BALAKRISHNA, S/O LATE PANDU Vs. THE ORIENTAL INSURANCE CO. LTD., NO. 3. IST FLOOR, KHENY BLDG., I CROSS, GANDHINAGAR, BANGALORE - 560009 AND T.M. DAKSHINA MURTHY, S/O T. MUNIRAJ SHETTY, NO. 3, 2ND CROSS, MAGADI ROAD, BANGALORE - 560023@RESPON

JUDGEMENT

(1.) THE claimant who suffered injuries in a motor vehicle accident has filed this appeal against the impugned common judgment and. award dated 29 -4 -2006 in MVC 4831/2002 on the file of Motor Accident Claims Tribunal, Bangalore. The Tribunal has awarded compensation of Rs. 37,989/ - with interest at 6% p.a. Not being satisfied with the quantum of compensation awarded by the Tribunal, this appeal is filed seeking enhancement.

(2.) THE relevant facts leading to this appeal are as follows: - On 19 -10 -2001 at 11.00 a.m. the appellant was riding his motor cycle bearing No. KA -34 -H -4060 along with a pillion rider on NH -4 from Kolar to Bangalore. When they reached near Reddy Hotel at Kendatti Gate, the driver of lorry bearing No. KA -05 -4659 came from opposite direction driving the lorry in a rash and negligent manner and dashed against the motor cycle. As a result, the appellant sustained the following injuries: - 1. Fracture of lateral end of clavicle; 2. Fracture base of corocoid process;

(3.) COUNSEL for the appellant submitted that the insurance company has agreed for Rs. 70,000/ - towards full and final settlement before the Lok Adalat, therefore the same may be enhanced. Learned counsel for the insurance company fairly submitted that the agreed compensation may be awarded in full and final settlement.